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(영문) 수원지방법원안양지원 2014.09.26 2014가합101816
유체동산인도
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 38,242,691 to the Plaintiff (Counterclaim Defendant) and its amount from September 4, 2014 to the date of full payment.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff was a corporation established on August 11, 1997 for the purpose of developing, manufacturing, and selling financial automation devices and manufacturing and selling “defluence typesetting equipment” and was delisting the Plaintiff’s shares in the KOSDAQ on July 24, 2013 due to the tort, such as embezzlement by the representative director, etc., and the Defendant was a person who was in the position of the chairperson of the Plaintiff’s emergency countermeasures.

B. On March 18, 2013, the Defendant entered into an annual salary contract between the Plaintiff and the Plaintiff with the annual salary amount of KRW 600,000,000,000, and the contract period from March 5, 2013 to March 4, 2014. Special terms and conditions of the said annual salary contract are as follows:

(hereinafter referred to as “A” and “B” refer to each of the defendants. Article 4 [Special Provisions] In addition to the general provisions of the above contract, the following matters shall be determined by the special agreement, and if the special agreement conflicts with the main sentence, the special agreement shall prevail over others.

(1) In any of the following cases, A shall pay B the annual salary that has not been paid to B by the end of the contract period:

(1) Where the management right of the plaintiff is practically changed to a third party, etc. (2) where C, the current representative director of the plaintiff, is resigned or dismissed from the current representative director class, and (3) where B is deemed not to be smooth in providing services to A

C. On February 7, 2013, the Plaintiff entered into a car lease agreement with Hyundai Capital Co., Ltd., setting the lease period of KRW 36 months and the lease fee of KRW 2,250,100 with respect to the D Ecoo vehicle (hereinafter “instant vehicle”).

From March 18, 2013 to July 14, 2014, the Defendant used the instant automobile and returned it to the Plaintiff. The Defendant destroyed the instant automobile during the period in which the instant automobile was used, and the Plaintiff spent KRW 2,466,101 as repair cost.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 7, Gap evidence 12-1, 2, 3, Gap evidence 13 (= Evidence 1), and Gap.

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